RAMAPURAM GRAMPANCHAYAT Vs. GOVERNMENT OF A P

JUDGEMENT

(1.) The petitioner is a Gram Panchayat. It seeks a declaration to the effect that the Explanation to Section 147 of the Andhra Pradesh Panchayat Raj Act, 1994 (for short 'the Act'), through which the A.P. Industrial Infrastructure Corporation Limited (for short 'A.P.I.I.C.'), the third respondent herein, is equated to a local authority; is illegal, unconstitutional and violative of Articles 40, 243-G and 243-H of the Constitution of India. It also challenges the notification issued by the first respondent in G.O. Ms. No.113, Panchayat Raj, Rural Development and Relief (PTS.IV) Department, dated 4-3-1995.

(2.) The third respondent brought about an industrial estate within the limits of Ramapuram Gram Panchayat, Tada Mandal, Nellore District. The first respondent issued G.O. Ms. No.113, dated 4-3-1995, in exercise of its powers under Section 147 of the Act directing that the powers referable to Sections 60 to 69, 93 to 103, 120, 123, 126 to 129, 131 to 142, 145, 255, 256, 257 and 273 of the Act shall vest in the third respondent vis-a-vis industrial estate. The petitioner contends that the sole basis for the issuance of G.O. Ms. No.113 is, the Explanation added to Section 147, for which no analogous provision was contained in the Andhra Pradesh Gram Panchayat Act, 1964. It is also contended that the local authorities have their own uniform and common framework, such as the elections being held from time to time, the participation of people; etc., and by no stretch of imagination, the third respondent can be treated as a local authority.

(3.) On behalf of the first respondent, a counter-affidavit is filed narrating the circumstances that led to the issuance of the impugned G.O. It is stated that the third respondent had developed the estate and it is in the fitness of things that the maintenance thereof is entrusted to it. It is also alleged that the maintenance of industrial areas needs expertise and a different approach, compared to the maintenance of residential and commercial areas in a Gram Panchayat. Other contentions have also been urged to explain as to how it becomes necessary to entrust the powers under the relevant provisions of the Act on the third respondent.